Kerr v. Hitt

Citations

• 75 Ill. 51

Syllabus

<p>1. Publication — Chicago Legal News is a newspaper', and notice may be published in it. The Chicago Legal News, published in the city of Chicago, although devoted principally to legal intelligence, is a newspaper in which notices required by statute or the order of courts, may be published, and comes within the statutory definition of a newspaper, for the publication of legal notices.</p> <p>2. Limitation. Twenty years adverse possession of land accompanied by payment of taxes under a continuous assertion of ownership hostile to all others, will constitute a bar to a right of entry hy any one, not within any saving clause of the statute, claiming to have paramount title, whether the claim of the party in possession is rightful or even under a muniment of title or not.</p> <p>3. Same—what is possession. To constitute possession under the limitation laws, it is not necessary a party should have his land all inclosed with a fence. As a general rule it is sufficient if the land is appropriated to individual use in such a way as to apprise all persons in the vicinity who has the exclusive use and enjoyment.</p> <p>4. Boundary—between owners may be fixed by act of parties. Monuments, established by acts of the owners of adjacent lands, are as effectual to limit the boundaries of their respective lands, when accompanied by actual possession, as appropriate descriptions in their dee.ds.</p> <p>5. Same — estoppel to dispute after long acquiescence. Where the patentee of a fractional tract of land made a conveyance of the north half thereof in pursuance of a prior agreement to convey to the grantee a strip 20 rods wide off the north end, and about the date of the deed a blazed line was made across the entire tract so as to cut a strip 20 rod? wide off the north side, and the patentee afterwards conveyed to D all of the tract, excepting the part previously conveyed, and it appeared that all the parties acquiesced in the line run as the boundary of their respective lands, an